Text: SSB00182 Text: SSB00184 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 368.7, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. An application for annexation of territory not within 1 4 an urbanized area of a city other than the city to which the 1 5 annexation is directed must be approved by resolution of the 1 6 council which receives the application. Notice of the 1 7 application shall be mailed by certified mail, by the city to 1 8 which the annexation is directed, to the board of supervisors 1 9 of each county which contains a part of the territory at least 1 10 ten days before any action is taken by the city council. 1 11 Notice of the application shall be published by the city in an 1 12 official county newspaper in each county which contains a part 1 13 of the territory at least ten days before any action is taken 1 14 by the city council on the application. In the discretion of 1 15 a city council, the resolution may include a provision for a 1 16 transition for the imposition of taxes as provided in section 1 17 368.11, subsection 13. Upon receiving approval of the 1 18 council, the city clerk shall file a copy of the resolution, 1 19 map, and legal description of the territory involved with the 1 20 secretary of state, county board of supervisors, each affected 1 21 public utility, and the state department of transportation. 1 22 The city clerk shall also record a copy of the legal 1 23 description, map, and resolution with the county recorder. 1 24 The secretary of state shall not accept and acknowledge a copy 1 25 of a legal description, map, and resolution of annexation 1 26 which would create an island. The annexation is completed 1 27 upon acknowledgment by the secretary of state that the 1 28 secretary of state has received the legal description, map, 1 29 and resolution. 1 30 Sec. 2. NEW SECTION. 368.23A ANNEXATION RECORDED – 1 31 TAXATION. 1 32 If the annexation of territory by a city is not recorded 1 33 with the secretary of state by December 1, the taxable value 1 34 of property within the territory shall not be subject to ad 1 35 valorem taxation by the city for the fiscal year beginning on 2 1 the succeeding July 1. 2 2 Sec. 3. NEW SECTION. 368.25 ANNEXATION OF COUNTY 2 3 FACILITIES. 2 4 A county shall be fairly compensated for facilities lost to 2 5 annexation. A city council and the board of supervisors may 2 6 agree to terms which provide that the county is reimbursed for 2 7 facilities constructed by the county which are annexed into 2 8 the city. If agreement is not reached within ninety days, the 2 9 issues may be submitted to arbitration. If submitted, an 2 10 arbitrator shall be selected by a committee which includes one 2 11 member of the board of supervisors or the board's designee, 2 12 one member of the city council or the council's designee, and 2 13 a disinterested party selected by the other two members of the 2 14 committee. A list of qualified arbitrators may be obtained 2 15 from the American arbitration association or other recognized 2 16 arbitration organization or association. 2 17 Sec. 4. Section 25B.2, subsection 3, Code 1997, shall not 2 18 apply to this Act. 2 19 EXPLANATION 2 20 This bill provides that a city must give at least 10 days' 2 21 notice to the board of supervisors of each county having 2 22 territory within a proposed voluntary annexation, which is not 2 23 within an urbanized area, before action by the city council is 2 24 taken. The proposed annexation application shall also be 2 25 published in an official county newspaper at least 10 days 2 26 before city council action on the application. The bill also 2 27 requires that an annexation be recorded with the secretary of 2 28 state by December 1 if the city wants to include the taxable 2 29 assessed valuation with the annexed territory on the city tax 2 30 rolls for the fiscal year beginning on the succeeding July 1. 2 31 The bill provides that a county shall be reimbursed for the 2 32 loss of county facilities resulting from an annexation. 2 33 Procedures are included to arrive at a reimbursement agreement 2 34 between a city and the affected county, including arbitration 2 35 procedures. 3 1 This bill may include a state mandate as defined in Code 3 2 chapter 25B. Section 25B.2, subsection 3, does not apply to 3 3 this bill. 3 4 LSB 1808SC 77 3 5 tj/jw/5
Text: SSB00182 Text: SSB00184 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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